Comments to EPA on Supplemental WOTUS Proposal

ARTBA submitted comments to the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers supporting supplemental revisions to the definition of “waters of the United States” (WOTUS) under the Clean Water Act. ARTBA supported proposed standards that would generally limit federal jurisdiction to perennial waters and wetlands with a continuous surface water connection to jurisdictional waters. The comments emphasized that these changes would provide greater regulatory certainty for transportation construction projects by distinguishing ordinary stormwater drainage features from federally regulated waters. ARTBA also urged the agencies to preserve proposed roadside ditch exclusions and clarify their application to existing transportation infrastructure.

ARTBA separately joined the Waters Advocacy Coalition in submitting comments supporting the proposed revisions as consistent with Supreme Court precedent and recommending additional clarifications to improve regulatory consistency and predictability.

Read ARTBA’s comments here.

Read ARTBA’s one-page executive summary here.

Read the coalition comments here.